DETERMINATION UNDER THE FATAL ACCIDENT AND SUDDEN DEATHS INQUIRY (SCOTLAND) ACT 1976 INTO THE DEATH OF NEIL WILLIAM BREMNER [2012] ScotSC 2 (01 January 2012)

DETERMINATION UNDER THE FATAL ACCIDENT AND SUDDEN DEATHS INQUIRY (SCOTLAND) ACT 1976 INTO THE DEATH OF NEIL WILLIAM BREMNER [2012] ScotSC 2 (01 January 2012)

Mr Bremner's death was caused by neck and chest injuries sustained when the forklift truck he was operating toppled over after its extended mast struck the shed roof. The accident resulted from human error in operating the forklift with the mast extended while reversing. Although the absence of a seat belt may have contributed to the fatal outcome, it was determined that Mr Bremner would not have worn a seat belt even if one had been fitted, due to the nature of his duties. No defect in the system of working, apart from the absence of a seat belt, was found to have contributed to the death.

Citation
[2012] ScotSC 2
Parties
Deceased: Neil William Bremner; Procurator Fiscal Depute: Mr Main; Representative for Iain Shand: Miss Watt; Representative for Ringlink Services Limited: Mr McDonald; Employer: Iain Shand; Labour Supplier: Ringlink Services Limited
Jurisdiction
Scotland
Judgment Date
01 January 2012
Procedural Posture
Fatal Accident Inquiry / Determination After Hearing Evidence
Outcome
Formal determination of circumstances of death; no recommendation for changes to working systems beyond seat belt consideration.
Legal Topics
Workplace Accident, Forklift Safety, Seat Belt Use, Industrial Fatality
Health and Safety Employment Law Coronial Law Workplace Accident Forklift Safety Seat Belt Use Industrial Fatality

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Parties

Neil William Bremner

Deceased

Mr Main

Procurator Fiscal Depute

Miss Watt

Representative for Iain Shand

Mr McDonald

Representative for Ringlink Services Limited

Iain Shand

Employer

Ringlink Services Limited

Labour Supplier

Procedural Posture

Fatal Accident Inquiry / Determination After Hearing Evidence

Legal Issues

  1. 1 Circumstances of Neil William Bremner's death in the course of employment
  2. 2 Whether defects in working systems contributed to the death
  3. 3 Whether use of a seat belt could have prevented the fatality

Ratio Decidendi

Mr Bremner's death was caused by neck and chest injuries sustained when the forklift truck he was operating toppled over after its extended mast struck the shed roof. The accident resulted from human error in operating the forklift with the mast extended while reversing. Although the absence of a seat belt may have contributed to the fatal outcome, it was determined that Mr Bremner would not have worn a seat belt even if one had been fitted, due to the nature of his duties. No defect in the system of working, apart from the absence of a seat belt, was found to have contributed to the death.

Court Disposition

Formal determination of circumstances of death; no recommendation for changes to working systems beyond seat belt consideration.